Mesa v. State

Decided January 10, 1885

Court of Appeals of Texas · decided 1885-01-10

Tried below before the Hon. J. C. Bussell. The indictment charged that on the 14th day of August, 1884, in Cameron county, Texas, the appellant “ did, by means of a promise to marry, then and there seduce one Cirilda Guerra, then and there a female under the age of twenty-five years,” etc. Being convicted, the appellant’s punishment was affixed at a term of three years in the penitentiary.

Decided 1885-01-10

Willson, Judge.

¶1It is not a penal offense to seduce a married female under the age of twenty-five years. To constitute the offense of seduction, the female must, at the time of the commission of the act, be unmarried. (Penal Code, art. 814.) In this case the indictraent does not allege that the female seduced was unmarried, and hence it does not allege any offense against the law of this State. Because of this fundamental defect in the indictment, the judgment is reversed and the prosecution is dismissed.

¶2Reversed and dismissed.

¶3[Opinion delivered January 10, 1885.]